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专家责任,特别是保护他人财产(纯经济上损失)的专家责任或职业责任的兴起是20世纪侵权行为法发展的一个显著特征。就这一责任而言,德国法主要是通过扩展适用合同责任来实现的,包括建立第三类责任和职业责任,这实际上使得合同法被过度适用,而压制了侵权法的基本判断,因而德国学者主张建构保护他人财产的交易安全义务——职业义务来解决这一问题,并曾试图将之法典化,然而并未成功。对我国而言,侵权法的路径可能是一种更妥善的方法,并得到多部学者草案的赞同,对此,德国学者所建构的保护他人财产的交易安全义务或职业义务值得我们借鉴。
The rise of expert or even professional liability, especially for the protection of the property of others (purely economic losses), is a distinctive feature of the development of tort law in the twentieth century. As far as this responsibility is concerned, German law is mainly achieved through the extension of the applicable contractual obligations, including the establishment of a third category of liability and professional liability, which in fact makes the law of contract more than adequate and suppresses the basic judgment of the law of tort. German scholars advocated the construction of a trade security obligation to protect the property of others - a vocational obligation to solve the problem and tried to codify it, but did not succeed. For our country, the tort law route may be a more proper method, which is endorsed by many scholars. To this end, we should learn from the security obligations or professional obligations of German scholars to protect the property of others.